What This Bill Does · Plain English
Summary · Congress.gov
National Guard Proper Use Act This bill prohibits, in accordance with the Posse Comitatus Act, members of the Armed Forces and members of the National Guard from being ordered to enforce immigration laws. Generally, the Posse Comitatus Act prohibits the use of the military for civil law enforcement purposes.
Action Timeline
2025-09-26
Introduced in House
2025-09-26
Referred to the House Committee on Armed Services.
2025-09-26
Introduced in House
Frequently Asked Questions
Did HR.5604 pass?
HR.5604 is still alive. Current stage: COMMITTEE. Pass likelihood: pending.
What does HR.5604 do?
National Guard Proper Use Act This bill prohibits, in accordance with the Posse Comitatus Act, members of the Armed Forces and members of the National Guard from being ordered to enforce immigration laws. Generally, the Posse Comitatus Act prohibits the use of the military for civil law enforcement purposes.
Who sponsored HR.5604?
HR.5604 was sponsored by Andrea Salinas (D-Oregon).
Full Bill Text
119 HR 5604 IH: National Guard Proper Use Act U.S. House of Representatives 2025-09-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. I 119th CONGRESS 1st Session H. R. 5604 IN THE HOUSE OF REPRESENTATIVES September 26, 2025 Ms. Salinas (for herself and Ms. Tokuda ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend titles 10 and 32, United States Code, to prohibit the use of a member of the Armed Forces to enforce the immigration laws. 1. Short title This Act may be cited as the National Guard Proper Use Act . 2. Prohibition on enforcement of immigration laws by members of the Armed Forces (a) Title 10 Chapter 49 of title 10, United States Code, is amended by inserting after section 974 the following new section: 975. Prohibition on enforcement of immigration laws In accordance with section 1385 of title 18 (commonly referred to as the Posse Comitatus Act ), a member of the Armed Forces may not be ordered to perform duty under this title to enforce, or to support the enforcement of, the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 )). . (b) Title 32 Chapter 3 of title 32, United States Code, is amended by inserting after section 329 the following new section: 330. Prohibition on enforcement of immigration laws In accordance with section 1385 of title 18 (commonly referred to as the Posse Comitatus Act ), a member of the National Guard may not be ordered to perform duty under this title to enforce, or to support the enforcement of, the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 )). .
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